A third-party lawsuit after a work injury may be an option if there is another party potentially responsible for what happened to you. In addition to seeking workers’ compensation from your employer, you may be able to sue a manufacturer or supplier who may have provided equipment that led to your injury.
A third-party claim allows you to go outside of the workers’ compensation system to hold a party responsible for your injury.
An important point to note
One of the most important things to keep in mind when considering a third-party lawsuit is that, unlike workers’ compensation, you have to prove your case. You will need to provide evidence that the other party had some liability and was negligent in some way to win your case. You will go before a court and must follow the rules for personal injury lawsuits. The case will be completely outside the workers’ compensation system.
Information to gather
You may need to ask your employer for information or collect statements from witnesses. You likely will need your medical records, and you may need workers’ compensation records. Proving your case may take time to gather all the data and evidence you need to prove your case.
Winning the case
To win, you have to show the court this third party was somehow responsible for what happened to you. Remember, the other side will likely have high-paid attorneys fighting against you, so it is essential that you are fully prepared for court. You may also be able to negotiate a settlement if your evidence is quite strong. So, keep your options open and be willing to seek alternative resolutions to the case.